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  • Denied Entry for Drug Possession

    I was denied entry to the US in early 2013 for possession of 4 tabs of LSD.

    I was fined $500 and deported back to Mexico.

    I realise that I am now unable to apply for a visa waiver as having previously been denied renders on ineligible.

    I was wondering though if this would be considered a conviction for drug possession and whether this would be considered a grounds for unequivocal inadmissibility, or whether I would still be able to apply for a tourist visa and possibly be granted one by a consular official.

    Does anyone have any information regarding this?

  • #2
    what section of immigration law did they write on your passport when you were turned back to mexico?

    Comment


    • #3
      I actually realised, once I had returned to the Mexican side of the border, that my passport was missing, which caused a lot of hassle as you can imagine.

      I ventured back to where I was detained at the US border and the officers on duty claimed that they had no idea where it was.

      I have since obtained a new passport.

      Is there any way I can find out the information you asked for without my original passport?

      Comment


      • #4
        Or perhaps you could tell me what section(s) of immigration law, potentially written on my passport, would render me absolutely ineligible.

        The reason I am wondering is that I am currently being charged with a misdemeanor level drug possession and that I would like to know how hard I should fight against it.
        If I'm already banned from the US anyway, perhaps it's not really worth it

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        • #5
          also, does anyone have any information of the likelihood of obtaining a visa with a charge of possession of cannabis weighing 2.5g?

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          • #6
            Sotired,

            Your deportation (or removal) is what is most likely to be cause a visa denial, though the cannabis issue will also weigh in when any decision is made about your visa. If and when you receive a formal denial of a visa application, and are given a specific reason for the denial, you will then have a basis for appealing the denial or seeking a waiver from inadmissibility.

            --Ray B

            Originally posted by sotired101 View Post
            also, does anyone have any information of the likelihood of obtaining a visa with a charge of possession of cannabis weighing 2.5g?

            Comment


            • #7
              Acquitted

              I was acquitted of my possession charge in Australia, so am now clean of a criminal or drug possession record.
              In regards to my denial of entry to the US and my (potential) resulting inadmissibility:
              Is it 100% certain that as the drugs (4 tabs of LSD) were found to be in my possession at the border (they were in my bag) that I am now considered inadmissible under the assumption that I am a drug trafficker?

              I understand that they require an admission to the constitutive elements of trafficking or whatever crime that I was removed for. While under custody I was presented with the drugs and asked if I knew what it was. I agreed that I did. However I never formally admitted to having possession of them or (as far as I recall) signed anything in regards to my admission to any facts. I also met with an ICE agent who did not ask me for an admission of guilt or tell me that I was to be considered forever inadmissible to the US as a drug trafficker or user.

              May they have denied my entry on some other basis? - and if I was denied for drug possession or the constitutive elements of trafficking, what are my chances of ever obtaining a waiver of inadmissibility? On another forum I have been told zero to none for at least 10 years, and then extremely slim after that. Can anyone confirm or clarify this?

              Many thanks

              Comment


              • #8
                Sotired,

                Whether to approve a visa or to admit or not admit is a discretionary decision by State Department staff.

                There has been a softening of official policy about tolerance for history of small amounts recreational drugs. A 10-year ban has a good chance of being overcome with an I-601 submittal after interview for an immigrant visa.

                But a nonimmigrant visa, whether visitor or fiancee, might still be faced with an unbreachable denial.

                Was it Cannabis or LSD?

                --Ray B



                Originally posted by sotired101 View Post
                I was acquitted of my possession charge in Australia, so am now clean of a criminal or drug possession record.
                In regards to my denial of entry to the US and my (potential) resulting inadmissibility:
                Is it 100% certain that as the drugs (4 tabs of LSD) were found to be in my possession at the border (they were in my bag) that I am now considered inadmissible under the assumption that I am a drug trafficker?

                I understand that they require an admission to the constitutive elements of trafficking or whatever crime that I was removed for. While under custody I was presented with the drugs and asked if I knew what it was. I agreed that I did. However I never formally admitted to having possession of them or (as far as I recall) signed anything in regards to my admission to any facts. I also met with an ICE agent who did not ask me for an admission of guilt or tell me that I was to be considered forever inadmissible to the US as a drug trafficker or user.

                May they have denied my entry on some other basis? - and if I was denied for drug possession or the constitutive elements of trafficking, what are my chances of ever obtaining a waiver of inadmissibility? On another forum I have been told zero to none for at least 10 years, and then extremely slim after that. Can anyone confirm or clarify this?

                Many thanks

                Comment


                • #9
                  Ray B,

                  Thanks for your response. I assume you are referring to the "once with less than 30g of *********" clause?

                  It was indeed the LSD I was caught with, so I supposed I may never be able to enter.

                  I'm going to send off to CBP to get the record of the incident and see what it says.

                  Comment


                  • #10
                    Drug possession is never an easy case. I can relate to that because of a similar experience my brother had years ago here in Phoenix, thankfully, the Arizona Criminal Law Team came to the rescue and helped him resolve his case.

                    Comment

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